People v. Dalbalcon CA1/3

facts relating to a different count that was dismissed as part of the plea agreement. On appeal, defendant contends: (1) a portion of the trial court’s restitution order is unsupported by a rational basis; (2) two of the written conditions of defendant’s mandatory supervision are contrary to the court’s oral pronouncement and must be excised; and (3) alternatively, one of these mandatory supervision conditions must be vacated as it is an improper delegation of judicial authority. The People concede that one of the written conditions of mandatory supervision must be modified to conform to the court’s oral pronouncement of

1 judgment. We accept that concession and will remand the matter for correction of the written condition. In all other respects, we will affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The People charged defendant with receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a), count 11) and possession of controlled substances (fentanyl and methamphetamine) in jail (§ 4573.6, subd. (a), count 2). The People further alleged a number of aggravating circumstances. Defendant pleaded no contest to the section 4573.6, subdivision (a) count, and admitted to an…